Syed MUHAMMAD KAZIM HUSSAIN vs Mst. AZIZ FATIMA AND ANOTHER — 1969 PLD 322

Citation: 1969 PLD 322

Court: Sindh High Court

Year: 1970

Decision Date: 1970-09-21

Parties: Syed MUHAMMAD KAZIM HUSSAIN vs Mst. AZIZ FATIMA AND ANOTHER

Headnotes

Case cited as PLD 1969 SC 322

Judgment Text

Court Name: Sindh High Court Judge(s): Muhammad Haleem Title: Syed MUHAMMAD KAZIM HUSSAIN vs Mst. AZIZ FATIMA AND ANOTHER Case No.: Criminal Revision No, 62 of 1970 Date of Judgment:1970-09-21 Reported As: PLD 1971 Karachi 759 Result: Petition accepted JUDGMENT JUDGMENT In September 1966 Mst. Aziz Fatima, wife of the applicant, filed an application under section 489, Cr. P. C. for her maintenance and that of her minor children, Mst. Najma, Mst. Saleha, Mst. Jahan Ara and Syed Muhammad Abid Hasan in the Court of the S. D. M., Mirpurkhas. Mst. Aziz Fatima claimed maintenance at the rate of Rs, 250 per month from the applicant. While the application was pending the provisions of the West Pakistan Family Courts Act, 1964 were applied to District Tharparkar, of which Mirpurkhas is the headquarter, by notification dated 21st February 1967 issued under subsection (3) of section 1 of the Act. No objection was, however, taken to the jurisdiction of the Court and on 30th October 1967 the learned S. D. M. by an order granted maintenance at the rate of Rs, 150 per month to Mst. Aziz Fatima and her children. Against the above order a revision was filed in the Court of Session which was dismissed on 31st July 1968. Another revision was preferred in the High Court and though the question of jurisdiction was agitated before the learned Sessions Judge yet this point was not agitated before the learned Single Judge of this Court but on merits the learned counsel for the applicant pressed…

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